Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 16 of 16

Full-Text Articles in Law

Glide Path To An "Inclusionary Rule": How Expansion Of The Good Faith Exception Threatens To Fundamentally Change The Exclusionary Rule, James P. Fleissner May 1997

Glide Path To An "Inclusionary Rule": How Expansion Of The Good Faith Exception Threatens To Fundamentally Change The Exclusionary Rule, James P. Fleissner

Mercer Law Review

During recent political debates over the federal budget deficit, it became fashionable to speak of a "glide path" to a balanced budget. Advocates of a budget plan would plan certain tax rates and spending limits, factor in a set of economic assumptions, and graph a swooping path of declining deficits over several years. Needless to say, that sort of exercise in prediction does not involve the sort of odds that would inspire confidence in a gambler. The accuracy of the beguiling graph, of course, depends on whether tax and spending commitments are kept and whether a host of economic assumptions …


Mccabe V. Life-Line Ambulance Service: Another Extension Of The Over-Extended Administrative Search Exception, Anne Tunnessen May 1997

Mccabe V. Life-Line Ambulance Service: Another Extension Of The Over-Extended Administrative Search Exception, Anne Tunnessen

Mercer Law Review

In McCabe v. Life-Line Ambulance Service, the United States Court of Appeals for the First Circuit extended the administrative search exception to the Fourth Amendment ban on unreasonable searches. The suit alleged a novel violation of the ban in the form of a warrantless involuntary commitment procedure. However, the court found that the procedure fit neatly within the exception and declined to extend Fourth Amendment protection to involuntary commitments.


No More Excuses: Closing The Door On The Voluntary Intoxication Defense, 30 J. Marshall L. Rev. 535 (1997), Chad J. Layton Jan 1997

No More Excuses: Closing The Door On The Voluntary Intoxication Defense, 30 J. Marshall L. Rev. 535 (1997), Chad J. Layton

UIC Law Review

No abstract provided.


United States, Puerto Rico, And The Territorial Incorporation Doctrine: Reaching A Century Of Constitutional Authoritarianism, 31 J. Marshall L. Rev. 55 (1997), Gabriel A. Terrasa Jan 1997

United States, Puerto Rico, And The Territorial Incorporation Doctrine: Reaching A Century Of Constitutional Authoritarianism, 31 J. Marshall L. Rev. 55 (1997), Gabriel A. Terrasa

UIC Law Review

No abstract provided.


Feeling Violated: Seventh Circuit Puts The Squeeze On Fourth Amendment Rights Of Bus Travelers, 31 J. Marshall L. Rev. 245 (1997), Andrew J. Purcell Jan 1997

Feeling Violated: Seventh Circuit Puts The Squeeze On Fourth Amendment Rights Of Bus Travelers, 31 J. Marshall L. Rev. 245 (1997), Andrew J. Purcell

UIC Law Review

No abstract provided.


Search And Seizure, Court Of Appeals, People V. Batista Jan 1997

Search And Seizure, Court Of Appeals, People V. Batista

Touro Law Review

No abstract provided.


Search And Seizure, Court Of Appeals, People V. Quackenbush Jan 1997

Search And Seizure, Court Of Appeals, People V. Quackenbush

Touro Law Review

No abstract provided.


Search And Seizure, Supreme Court, Bronx County People V. Williams Jan 1997

Search And Seizure, Supreme Court, Bronx County People V. Williams

Touro Law Review

No abstract provided.


Liberty From Officials By Grace: The Fourth Amendment's Application To Automobile Passengers In Maryland V. Wilson, Michael Begland Jan 1997

Liberty From Officials By Grace: The Fourth Amendment's Application To Automobile Passengers In Maryland V. Wilson, Michael Begland

University of Richmond Law Review

On February 19, 1997, the United States Supreme Court handed down its decision in Maryland v. Wilson, and put an end to twenty years of speculation regarding a police officer's authority to order a passenger out of a lawfully stopped automobile. In finding that such an order does not violate a passenger's Fourth Amendment privacy interests, the Supreme Court reversed Maryland's Court of Special Appeals and sided with the majority of states that have considered this narrow issue. The Court's decision provides important insight into the current state of Fourth Amendment jurisprudence and the Supreme Court's increasing willingness to sacrifice …


The Age Of Unreason: The Impact Of Reasonableness, Increased Police Force, And Colorblindness On Terry "Stop And Frisk", Omar Saleem Jan 1997

The Age Of Unreason: The Impact Of Reasonableness, Increased Police Force, And Colorblindness On Terry "Stop And Frisk", Omar Saleem

Oklahoma Law Review

No abstract provided.


Search And Seizure, Court Of Appeals, People V. Gonzalez Jan 1997

Search And Seizure, Court Of Appeals, People V. Gonzalez

Touro Law Review

No abstract provided.


Critical Look At The So-Called Locker Room Mentality As A Means To Rationalize The Drug Testing Of Student Athletes, Walter T. Champion Jr. Jan 1997

Critical Look At The So-Called Locker Room Mentality As A Means To Rationalize The Drug Testing Of Student Athletes, Walter T. Champion Jr.

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Intruders At The Death House: Limiting Third-Party Intervention In Executive Clemency, 30 J. Marshall L. Rev. 567 (1997), Daryl M. Schumacher Jan 1997

Intruders At The Death House: Limiting Third-Party Intervention In Executive Clemency, 30 J. Marshall L. Rev. 567 (1997), Daryl M. Schumacher

UIC Law Review

No abstract provided.


The Buck Stops Here: Illinois Criminalizes Support For International Terrorism, 30 J. Marshall L. Rev. 871 (1997), Victoria Meyerov Jan 1997

The Buck Stops Here: Illinois Criminalizes Support For International Terrorism, 30 J. Marshall L. Rev. 871 (1997), Victoria Meyerov

UIC Law Review

No abstract provided.


Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel E. Charles Jan 1997

Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel E. Charles

Michigan Journal of Race and Law

The problems of public housing-including crime, drugs, and gun violence- have received an enormous amount of national attention. Much attention has also focused on warrantless searches and consent searches as solutions to these problems. This Note addresses the constitutionality of these proposals and asserts that if the Supreme Court's current Fourth Amendment jurisprudence is taken to its logical extremes, warrantless searches in public housing can be found constitutional. The author argues, however, that such an interpretation fails to strike the proper balance between public need and privacy in the public housing context. The Note concludes by proposing alternative consent-based regimes …


It Was A Very Good Year - For The Government: The Supreme Court's Major Criminal Rulings Of The 1995-1996 Term, William E. Hellerstein Jan 1997

It Was A Very Good Year - For The Government: The Supreme Court's Major Criminal Rulings Of The 1995-1996 Term, William E. Hellerstein

Touro Law Review

No abstract provided.